Decode Ballistic Reports Like a Pro. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

7866_mee   22 July 2015 at 16:51

Can association take actions against non-coperative member?

Hi ,
Greetings.

I am living in Alpine Park Apartment,Bangalore which is a registered association. We have association By-laws and code-of-conduct formed during 2006 period itself laying out rules and regulations to be followed by all members of the apartment.

A member of the aparment began changing floorplan layout in 2011 against the approved floorplan and has not got any permission from Association nor there is any record of the same with the Association. As a result, i , who is affected party has been complaining to Assocation and this non-coperative member to fix the problem . Neither of them were helpful and i had to speand 40k and tried desperatively to fix . But unfortunately still( 2015) it is an issue and not completely fixed. I need a solution for this problem and still he insist i pay for the fix which i have not created at all.

I am again approaching new Management Committee and hope to get justice. In that aspect , i want to know what rights and actions Association has that they can exercise against non-coperative member now so that i can appraise the new Managment committee regd the same and help them aware of their duties .

As per the by-laws of the Association, Any member of the aparment who modifies floorplan layout change (floorplan proposed and got approval by the builder at the time of building apartment) without written permission of Association is termed unauthorized construction and is liable for penalty/actions decided by Association /GBM as deemed necessary.

Sale deed clearly says that association has right to disrupt basic facilities like water and electricity of non-coperative member.

Clarifications sought:

1. Is Association within legal framework to do these? or is it against Indian penal code ??

2. What action can Association take if member does not agree/care less to MC or GBM decisions?

3. Latest i heard (not sure the validity of such a claim) that supreme court has passed judgement that even though Association or GBM decides unanimously to take action of non-coperative member , they have no right for this as it is against law and they will be put behind bars.... What sought of verdict is this ? is there any law at all ?

4. Does that mean Association by-laws are just for fools and anyone can do anything and care less for the by-laws ?

5. Can Assciation/GBM pass resolution to give notice to non-coperative member to throw him out of the apartment if he does not agrees to the terms in the event of clear case of violation as found in the by-laws ??


Please clarify these . Would be really helpful . i am desperate to find answers and what to know Association rights /actions that they can take against non-coperative member which is within legal framework not scrutinized by police if the event of non-coperative member deciding to file police complaint .

Please let me know if you need any more details and i will be more than happy to oblige.

Thanks and regards
Mohammed Uvais
Member, Alpine Park Apartment
Bangalore-68

Vigneshwaran V   22 July 2015 at 16:31

Dissolution of trust

What is the procegers to be followed dissolution of Trust

Anonymous   22 July 2015 at 15:51

entire adoption process

A couple is trying to adopt a child (15 days old) of a single parent (woman) as this child is not out of a wedlock. The couple is ready and willing to adopt the child with fulfilling all the legalities of the land. Kindly impart your valuable knowledge over the issue in detail.

neeraj rai   22 July 2015 at 15:34

Legal notice

dear sir i have the urgent requirnment of legal notice which is given by landlord to tenant for recovery of rent .plz send the draft formates in word file .its urgent

shashi   22 July 2015 at 15:28

Maintenance under section 125 of crpc

I would like to know about the maintenance under section 125 of CRPC. I got married on Dec- 2011. I have 3 years old daughter . My wife is not living with me since September 2013 (two year). She is under the misguidance of her father and mother. She is well qualified (MA) and did Aviation from a reputed institute(Frankfine) and also pursuing B.Ed from Some college. I made all efforts to come back but she wants only money and property from me. But she denied my request. She took away all jewellery and other belongings. then I file Matrimonial Rescution 9 Act. and she file 498A in reply.
we took Anticipatic bell after compromised but again make quarrel and went to in-law house. Now she filed a case of maintenance under section 125 CRPC . In her petition , She also made grounds of Section 498A. Court has charge 10000/- litigation cost and 2000/ per month- Pendent alimony. and 3000/ per month - in 125crPC as interim cost in civil cout.
What can I do to avoid maintenance . Plz suggest me.

Saravanakumar   22 July 2015 at 14:53

Regarding intercast marriage

Dear sir,
I am Saravanakumar i belong to SCA Community And I got recently Married My wife belongs to OC . We Came To know there are Some Schems and Govt jobs provided By the govt in Order To encourage Intercast Marriage . We Both completed mba . And Working in corporate. Can you Kindly Advise Us what should We Do
. Kindly Help us

Kishan   22 July 2015 at 14:33

Desertion by wife

Respected sir
My wife left me and my two small children's
almost 1 and half year back .she is residing with her parents in another city.I am govt employees and finding very hard to maintain both duty and looking after my children's . My wife in no mood to return instead she is advising me to file divorce and give me 50% of salary as maintenance.
my mother's expired almost one year back
Due to cancer then also she did not help during our problem.
She is a teacher in a pct school
Kindly advice me whether she is entitled for maintenance when I am looking after children's.she even trying to file police complain against me for cruelty.
pls advice me for future course of action for me

manjunath   22 July 2015 at 13:34

village officers land regrant in the year 2006

The tashildhar had regranted shanbog inam land in the year 2006 but in regrant he mentioned the condition 15 years so I want to remove that 15 years. kindly help me

Theresa Margaret Dsouza   22 July 2015 at 13:32

Pagdi system

Sir,
Kindly assist on the below query:
My father in law and mother in law had two rooms in a building which was on Pagdi system. They had three sons. After their death, the rooms were transferred to two sons. The elder son (black sheep) was away from family and is a NRI. Now both the sons whose names were transferred are dead leaving behind their wives and children. Last month the building was demolished and owner says that these two rooms belong to Father in law, mother in law and three sons and says the wives will not get the share. Actually the owner wants to find out loop holes to fund the property for him.
Kindly advise can the wives of the deceased get the property? And does the elder name have a say if the rooms were transferred to the two other younger brother?

Pilli Samuel Rajkumar   22 July 2015 at 13:18

Property bequeathed to minor

My friend bequeathed his single bedroom ground floor property at Hyderabad,Telangana to his 11 months old minor daughter and died. The property was duly registered in his daughters name while he was alive. Now the wife of the deceased person and mother of the girl who is the natural guardian of the girl wants to sell the property as she has no means of income to raise the girl. She has approached the court for permission to do so. Will the court grant her permission? Can the property bequeathed to a minor be transferred to the guardian or other third party for selling it off?